Filed: Aug. 17, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7074 BERNARD A. TENSLEY-BEY, Plaintiff - Appellant, versus COMMONWEALTH OF VIRGINIA; VIRGINIA DEPARTMENT OF CORRECTIONS; DOCTOR ULEP; JO ANN MCCARTHY; CMS - CORRECTIONAL MEDICAL SERVICE, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-00-1449-AM) Submitted: August 9, 2001 Decided: August 17, 2001 Before NI
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7074 BERNARD A. TENSLEY-BEY, Plaintiff - Appellant, versus COMMONWEALTH OF VIRGINIA; VIRGINIA DEPARTMENT OF CORRECTIONS; DOCTOR ULEP; JO ANN MCCARTHY; CMS - CORRECTIONAL MEDICAL SERVICE, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-00-1449-AM) Submitted: August 9, 2001 Decided: August 17, 2001 Before NIE..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7074
BERNARD A. TENSLEY-BEY,
Plaintiff - Appellant,
versus
COMMONWEALTH OF VIRGINIA; VIRGINIA DEPARTMENT
OF CORRECTIONS; DOCTOR ULEP; JO ANN MCCARTHY;
CMS - CORRECTIONAL MEDICAL SERVICE,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-00-1449-AM)
Submitted: August 9, 2001 Decided: August 17, 2001
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bernard A. Tensley-Bey, Appellant Pro Se. Pamela Anne Sargent,
Assistant Attorney General, Richmond, Virginia; Joseph Patrick
Callahan, RAWLS & MCNELIS, P.C., Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bernard A. Tensley-Bey appeals the district court’s order
granting his motions to amend, denying his motion to supplement,
denying his motion for judgment on the pleadings, denying three
Defendants’ motions to dismiss as moot, and directing two Defen-
dants to file an answer or responsive pleading in his 42 U.S.C.A.
§ 1983 (West Supp. 2001) action. We dismiss the appeal for lack of
jurisdiction because the order is not appealable. This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(1994), and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp.,
337 U.S. 541 (1949). The order here appealed is
neither a final order nor an appealable interlocutory or collateral
order.*
We dismiss the appeal as interlocutory. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
*
We note to the extent Tensley-Bey attempts to appeal the
district court’s November 27, 2000 order, that appeal would be
similarly interlocutory.
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